TCPA Watch – Page 14 – Business, legal and policy developments under the Telephone Consumer Protection Act.

Eleventh Circuit Endorses Different TCPA Liability Standards for Faxes and Calls

Nov 14 2014

The United States Court of Appeals for the 11th Circuit recently ruled in Palm Beach Golf Center-Boca, Inc. v. Sarris that a company that contracted with a third party advertising firm to send fax advertisements could be directly liable under the Telephone Consumer Protection Act for faxes sent by the third-party firm on the company’s behalf. In so holding, the 11th Circuit adopted a framework advanced by the Federal Communications Commission that imposes broader liability for third-party faxing than for third-party calling made on a company’s behalf. Read More

Eleventh Circuit Bolsters FCC Interpretation of “Prior Express Consent” under the TCPA

Nov 14 2014

By Gregory N. Blase, Andrew C. Glass, and Samantha A. Miko

The U.S. Court of Appeals for the Eleventh Circuit recently bolstered the Federal Communications Commission’s (“FCC”) interpretation of “prior express consent,” a key term under the Telephone Consumer Protection Act (“TCPA”).

In Mais v. Gulf Coast Collection Bureau, Inc., the plaintiff’s wife provided the plaintiff’s cellphone number on a hospital admittance form. The form disclosed that any information supplied could be shared with the hospital’s affiliates and used for any purpose, including for billing. After the plaintiff failed to pay a hospital affiliate’s invoice for treatment services rendered, the affiliate provided the plaintiff’s contact information to the defendant, which initiated collection activity, including contacting the plaintiff at the cellphone number that was provided on his admittance form by his wife.

FCC Confirms ‘Opt-Out’ Notice Requirement for All Fax Advertisements

Nov 11 2014

By Molly K. McGinley, Nicole C. Mueller, and Joseph C. Wylie II

The Federal Communications Commission recently released an Order in response to multiple petitions confirming that opt-out notices are required on all advertisements transmitted by facsimile, even those sent with the prior express permission of the recipient. The FCC also granted retroactive waivers to petitioners that were reasonably uncertain, based on ambiguities in a 2006 Report and Order modifying the FCC’s junk fax rules, about whether the opt-out notice requirement applied to faxes sent at the invitation of the recipient. The FCC indicated that it would also entertain retroactive waivers requests from similarly situated parties filed prior to April 30, 2015. Read More

Marriott agrees to $600,000 penalty for blocking personal hotspots

Oct 28 2014

Marriott International, Inc. recently entered into a Consent Decree with the Federal Communications Commission to end an investigation into whether the company intentionally disabled consumers’ personal Wi-Fi hotspot connections at its Gaylord Opryland Hotel and Convention Center in Nashville, Tennessee. As part of the Consent Decree, Marriott will pay a $600,000 civil penalty and must file compliance reports with the FCC every three months for three years. Read More

DOT Initiates Process to Mandate Vehicle-to-Vehicle Communications Technology In New Vehicles

Aug 22 2014

By Tom DeCesar, Ed Fishman, Cliff Rothenstein and Marty Stern

A new federal proposal would require new passenger cars and trucks to contain vehicle-to-vehicle communication technology, which uses radio communications to allow vehicles to “talk” to each other and, for example, warn drivers of safety hazards. Cars that have this technology installed can communicate without the active involvement of a driver or passengers. Proponents believe this technology also can be used to reduce vehicle emissions, fuel consumption and traffic congestion. V2V is seen by many as an important part of the new wave of intelligent transportation systems, which will offer improved safety and functionality in the U.S. surface transportation network.

Connected Vehicles and Drones Get Boost From New Federal Research Programs

May 29 2014

By Tom DeCesar, Ed Fishman, Cliff Rothenstein and Marty Stern

Through the implementation of new pilot research programs, the U.S. Department of Transportation has placed itself in the middle of two of the transportation industry’s most significant innovations: connected vehicles and commercial drones.

Eleventh Circuit Construes ‘Called Party’ Consent Provision of TCPA

Apr 22 2014

By Andrew Glass and Greg Blase

Courts continue to weigh in on the evolving body of law under the Telephone Consumer Protection Act. Last month, the U.S. Court of Appeals for the Eleventh Circuit joined the conversation on the issue of who may be considered the “called party” under the TCPA for purposes of providing consent to receive auto-dialed and pre-recorded voice calls placed to a wireless number. The TCPA prohibits such calls to wireless phones without the “prior express consent of the called party.”

FTC Has Power to Regulate Data Security Practices, Court Rules

Apr 17 2014

By Jenny Paul, Roberta Anderson and Marty Stern

In a closely watched case, a federal district court judge last week ruled that the Federal Trade Commission has the authority to bring enforcement actions against companies for data security breaches as an unfair practice under the FTC Act.
Read More

NIST Releases Guidelines to Help Organizations Manage Cyber Risks

Feb 20 2014

By Roberta Anderson and Jenny Paul

In an effort to create workable guidelines and practices to help organizations manage cyber risks, the National Institute of Standards and Technology last week released a Framework for Improving Critical Infrastructure Cybersecurity.

NHTSA Strongly Endorses Connected Vehicle Technology, But Implementation Questions Remain

Feb 05 2014

By Thomas DeCesar, Edward Fishman, Cliff Rothenstein, and Marty Stern

In a recent announcement, the United States Department of Transportation’s (“DOT”) National Highway Traffic Safety Administration (“NHTSA”) endorsed the future implementation of vehicle-to-vehicle (“V2V”) communication technology in light vehicles (e.g., passenger vehicles and light trucks). This technology, which is seen by some as the future of vehicle safety, allows vehicles to exchange location and speed information with other vehicles. This information is processed to provide warnings of driving hazards, or even to automatically stop the vehicle.